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MN HF4673
Bill
Status
3/7/2024
Primary Sponsor
Cedrick Frazier
Click for details
AI Summary
HF 4673 - Criminal Forfeiture Process
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Establishes new criminal forfeiture procedures in Minnesota Statutes section 609.112, replacing prior civil forfeiture statutes and requiring criminal conviction before property forfeiture (effective July 1, 2025).
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Requires "clear and convincing evidence" that property is an instrumentality or proceeds of a designated offense; forfeiture proceedings must be part of the related criminal trial and follow defendant's conviction.
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Protects innocent owners and secured interest holders by allowing them to petition the court for property return; requires prosecuting authority to search public records and notify known property interests.
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Establishes post-seizure hearing rights and proportionality challenges; requires homestead property exemption and allows prosecuting authorities to set minimum dollar amounts for currency and vehicle seizures.
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Restricts federal adoption of state-seized property; prohibits proceeds distribution to federal government if state forfeiture laws are circumvented; redirects forfeited proceeds to state general fund and Department of Public Safety grant programs.
Legislative Description
Criminal forfeiture process provided.
Last Action
Authors added Hudson and Feist
4/2/2024